Paper Information

Journal:   JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)   summer 2016 , Volume 18 , Number 51 #M00345; Page(s) 29 To 54.
 
Paper: 

legisprudence: in quest of enhancing the quality of legislation

 
 
Author(s):  Markaz malmizi Ahmad, VAKILIAN HASSAN
 
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Abstract: 
As a new discipline, legisprudence is raising for the purpose of overcoming the challenges of inappropriate deployment of legislation and legislative inflation. Legisprudence as an interdisciplinary study uses the theories and findings of sciences for analyzing and studying the legislation and law making process. Ruling according to law and by law, has led to repetitive recourse to the legislation by governments and this in turn has led to increase of the volumes of legislation; a situation which is in conflict with rule of law. Promulgating laws which have formal and substantive flaws has decreased the quality of legislations and has made the countries legal system inconsistent. As a result the aforementioned situation causes the inefficiency in governance. Assessment of expected and unexpected consequences of legislation from the cost-benefit point of view and paying attention to these consequences in pre-legislation, legislation and post-legislation stages are parts of theoretical attempts for improvement of quality of legislation which is developed in legisprudence. The main aim of legisprudence is to enhance the quality of legislation and its ultimate goal is to assist in the realization of rule of law and good governance.
 
Keyword(s): legislation,Efficiency,good governance,law,legislature
 
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